Tenant Cured Lease Violation by Getting Rid of Two Pit Bulls

Landlord sued to evict tenant for keeping pit bull dogs in her apartment without landlord's permission. The court ruled for landlord based on tenant's failure to appear in court. The court later denied tenant's request to vacate the default, since tenant didn't deny harboring the dogs, and gave tenant 10 days to cure in order to avoid eviction. Tenant later asked the court to permanently stay the eviction warrant because she had removed the dogs. Landlord claimed that tenant still had a dog in her apartment. But this was an additional dog, a Yorkshire Terrier, that tenant had kept for two years. The court ruled for tenant, finding that she had complied with the ruling to remove two pit bull dogs.

Landlord appealed and lost. Landlord's court petition sought eviction based on the two pit bulls in tenant's apartment, and tenant cured by getting rid of the pit bulls in a timely manner. The presence of the Yorkshire Terrier wasn't the basis of the eviction proceeding, and therefore was no basis to deny tenant's request to stay the eviction warrant.

Iris Holdings 961 42nd LLC v. Piedrahita: 63 Misc.3d 157(A), 2019 NY Slip Op 50833(U) (App. T. 2 Dept.; 5/24/19; Pesce, PJ, Weston, Aliotta, JJ)